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Court martial
For the episode of the same name, see Court Martial. A court martial refers to a judicial proceeding within a military or quasi-military organization, or the officer(s) who sit as a court to conduct the proceeding. Offenses tried before a court martial range from insubordination to culpable negligence to violations of Starfleet General Orders. A member of the service who stands accused is presumed innocent until proven guilty, and the service member is entitled to counsel at the preliminary hearing as well as the general court martial. That right may be waived, or the accused may elect to retain counsel. If this initial inquiry determines that a general court martial should be convened, the prosecution is conducted by a Starfleet Judge Advocate General officer. No fewer than three officers of command or flag rank comprise the court. The senior officer of the court martial acts as the president. This officer controls the mode and order of presentation of evidence, as well as making evidentiary rulings. Proof is presented through oral testimony and exhibits, including record tapes. The accused has the right to face his accusers, cross-examine witnesses, as well as to testify. After finding of guilt is entered, or if the accused has pleaded guilty, the defendant is allowed to introduce evidence that either mitigates or explains guilt. ( ) James T. Kirk and Spock In 2267, Commodore Stone served as President of the Court in the court-martial of Captain James T. Kirk, on Starbase 11, over the alleged death of his records officer, Lieutenant Commander Benjamin Finney. This marked the first time a Starfleet starship captain stood trial in a court-martial. Kirk was cleared of all charges when it was revealed that Finney had actually faked his own death. ( ) Also in 2267, Lieutenant Commander Spock requested and received an on-board court-martial for his actions related to hijacking the and violating General Order 7. The court consisted of an illusion of Commodore Jose Mendez, Fleet Captain Christopher Pike, and Spock's commanding officer, Captain Kirk. Although Mendez was never actually present, he did receive the images transmitted by the Talosians, and he ordered that General Order 7 was suspended on that occasion. ( ) In 2269, Janice Lester, while inhabiting the body of Captain Kirk, charged Commander Spock and "Janice Lester" (who was actually Kirk), with mutiny and convened a summary court martial. The proceedings were bizarre and none of the usual procedures intended to protect the accused's rights to due process were in evidence. In fact, the other members of the trial board – Lieutenant Commander Montgomery Scott and Doctor Leonard McCoy – were similarly charged during the court martial and found guilty of mutiny along with Spock and Kirk. Lester then ordered their immediate execution. Ultimately, it was revealed that Lester had transposed her consciousness with Kirk and the orders of the sham court martial were never enforced. ( ) In 2286, then-Admiral James T. Kirk and his subordinates expected to face a court-martial after stealing the starship Enterprise in order to "rescue" Captain Spock. However, after the officers engaged in a successful effort to save Earth from an alien probe, the Federation Council instead tried the accused. The Council summarily dismissed all charges but one; Kirk alone stood accused of disobeying a direct order of a superior officer. His guilty plea was accepted and for this, Kirk was reduced in rank to captain. ( ) Jean-Luc Picard In many cases, the loss of a starship automatically triggers a court-martial of the ship's commanding officer. In 2355, the [[USS Stargazer|USS Stargazer]] was lost in the Maxia Zeta star system. During his court martial, Captain Jean-Luc Picard was prosecuted by Phillipa Louvois. Picard was cleared of all charges. ( ) :It is unclear if Picard or William Riker were court-martialed for the loss of the ( ) or if Benjamin Sisko was court martialed for the loss of the [[USS Defiant (NX-74205)|USS ''Defiant]]. ( ) It might be that if a ship is left adrift or destroyed with no proof of its destruction (in which it can fall into enemy hands) then the commanding officer would be court-martialed. However, with the Defiant destroyed and the remains of Enterprise-D accounted for by the Federation, Starfleet technology and information was not at risk so the commanding officer may not have been held responsible.'' :In the case of Benjamin Sisko it is also possible that a court martial was not required as the ship was lost in battle during a time of war. :''It is also possible that the term 'court martial', applied in this manner, does not necessarily refer to a criminal proceeding, but rather a simple official military hearing designed to record the circumstances of a ship's loss, not intended to establish (or even imply) guilt on the part of the commanding officer. Indeed, there are real world instances of officers insisting that a court martial take place in order that the circumstances of their ships' losses might be recorded. Ro Laren Sometime in the mid-2360s, Ensign Ro Laren of the [[USS Wellington|USS Wellington]] was court-martialed after disobeying direct orders on an away mission to Garon II. Her disobedience was alleged to have led to the deaths of eight of her crewmates. Ro refused to speak in her defense, and the court found her guilty. She was imprisoned in the stockade on Jaros II until her release in 2368. ( ). Michael Eddington After his capture by Captain Benjamin Sisko and the crew of the USS Defiant, the Maquis leader Michael Eddington was court-martialed, convicted and later imprisoned for treason against the Federation. Captain Sanders of the [[USS Malinche|USS Malinche]] – which had been attacked by Eddington's forces – asked Sisko to save him a seat at his court martial. ( ) Other An ensign who injured himself deliberately to avoid having to fight the Klingons on Ajilon Prime expected himself be court-martialed. ( ) When B'Elanna Torres assaulted Joseph Carey in the [[USS Voyager|USS Voyager]]'s Engineering in early 2371, Tuvok mentioned to Chakotay that she performed a court martialable offense. ( ) In an alternate timeline, Captain Janeway's refusal to obey The Doctor's order for her to be relieved of command would have been met with a court martial. However, Janeway pointed out that compared to the damage and hardship that Voyager had endured over the course of the year, "a court martial would be a small price to pay" and claimed she'd be "happy to face to the music" if they ever made it back to Federation space. ( ) Humorous references *In 2371, Benjamin Sisko told Miles O'Brien that it seemed like Jake was worried that he was going to court martial Mardah. ( ) *After Benjamin Sisko returned from rescuing Odo and Elim Garak from the Gamma Quadrant, Admiral Toddman sternly told him that "if you pull a stunt like that again, I'll court martial you... or promote you. Either way, you'll be in a lot of trouble". ( ) *In , after Worf overslept into his duty shift at tactical, Picard paged Worf to wake him up: :Picard: "I don't know how they do it on Deep Space 9, but on the [[USS Enterprise (NCC-1701-E)|''Enterprise]] we still report for duty on time." :Worf: (bangs head on ceiling) "''Sorry sir, I'm on my way." :Picard: "We'll skip the court martial this time. Picard out." External links * Category:Legal procedures de:Kriegsgericht fr:Cour martiale